C1Part IV Special educational needs
C2Chapter I Children F18in wales with special educational needs
Words in Pt. 4 Ch. 1 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 9; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))
Pt. 4 Ch. 1 excluded (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 81, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
Identification and assessment of children with special educational needs
322C2F4Duty of certain bodies to help local authority.
1
Where it appears to a F3local authority that F5another local authority, F12the National Health Service Commissioning Board, a clinical commissioning group or a Local Health Board F13... could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of F14that body , specifying the action in question.
2
F15A body whose help is so requested shall comply with the request unless—
a
they consider that the help requested is not necessary for the purpose of the exercise F6of those functions by the local authority that made the request , or
b
subsection (3) applies.
3
This subsection applies—
a
in F7a case where the request is made of F9the National Health Service Commissioning Board, a clinical commissioning group or a F2Local Health BoardF10..., if F11that body consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the M1F1National Health Service Act 2006 or the National Health Service (Wales) Act 2006 , it is not reasonable for them to comply with the request, or
b
in F7a case where the request is made of a local authority, if that authority consider that the request is not compatible with their own statutory or other duties and obligations or unduly prejudices the discharge of any of their functions.
4
Regulations may provide that, where F16a local authority, the National Health Service Commissioning Board, a clinical commissioning group or a Local Health BoardF17... are under a duty by virtue of subsection (2) to comply with a request to help a F3local authority in the making of an assessment under section 323 or a statement under section 324 of this Act, they must, subject to prescribed exceptions, comply with the request within the prescribed period.
F85
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Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)